Remedial Law

  • Express mention of one excludes all others, Statutory Construction

    “[T]he express mention of one person, thing, act, or consequence excludes all others. This rule is expressed in the familiar maxim ‘expressio unius est exclusio alterius.’ Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others. The rule proceeds from the premise…

  • Harmonization of laws, Statutory Construction

    “[E]ndeavor should be made to harmonize the provisions of a law or two laws so that each shall be effective. In order that one law may operate to repeal another law, the two laws must actually be inconsistent. The former must be so repugnant as to be irreconciliable with the latter act. (U.S. vs. Palacios,…

  • Reasonable interpretation, Statutory Construction

    “[T]he law must be given a reasonable interpretation at all times. The Court may, in some instances, consider the spirit and reason of a statute, where a literal meaning would lead to absurdity, contradiction, or injustice, or would defeat the clear purpose of the law makers. Applying a verba legis or strictly literal interpretation of…

  • Doctrine of necessary implication, Statutory Construction

    “No statute can be enacted that can provide all the details involved in its application. There is always an omission that may not meet a particular situation. What is thought, at the time of enactment, to be an all-embracing legislation may be inadequate to provide for the unfolding of events of the future. So-called gaps…

  • Avoidance of absurdity, Statutory Construction

    “[L]aws should be construed in a manner that avoids absurdity or unreasonableness.” (Microsoft Corporation v. Manansala, G.R. No. 166391, October 21, 2015, Per Bersamin, J.) “[A] proviso should not be given a meaning which would tend to render abortive the main portions of the law.” (Borromeo v. Mariano, En Banc, G.R. No. L16808, January 3,…

  • Doctrine of associated word, Statutory Construction

    “[T]he doctrine of associated words (Noscitur a Sociis) provides that where a particular word or phrase in a statement is ambiguous in itself or is equally susceptible of various meanings, its true meaning may be made clear and specific by considering the company in which it is found or with which it is associated.” (Aisporna…

  • Plain meaning: Verba Legis, Statutory Construction

    “[W]hen the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. There is only room for application. As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This is what is known as the…

  • Avoiding Absurdity, Statutory Construction

    1. Concept “It is a general rule of statutory construction that a law should not be so construed as to produce an absurd result. he law does not intend an absurdity or that an absurd consequence shall flow from the enactment. Statutes should receive a sensible construction, such as will give effect to the legislative…